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Home My WebLink About2022-06-15; Planning Commission; Resolution 7453PLANNING COMMISSION RESOLUTION NO. 7453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION TO CONSTRUCT VETERANS MEMORIAL PARK LOCATED APPROXIMATELY 350 FEET EAST OF THE INTERSECTION OF CANNON ROAD AND FARADAY AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CASE NO.: VETERANS MEMORIAL PARK CIP 4609 CUP 2021-0014, CDP 2021-0052, HDP 2021-0003, HMP 2021-0006 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City, described as Assessors Parcel Number 212-271-03-00 ("the Property"); and WHEREAS, pursuant to the CEQA and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, pursuant to Public Resources Code section 21080.1 and CEQA Guidelines section 15063, a Mitigated Negative Declaration (MND) shall be prepared when an Initial Study (IS) identifies potentially significant project related impacts, but can be classified as less than significant after incorporating mitigation actions that can be taken to avoid or mitigate impacts to a point where clearly no significant impacts on the environment will occur; and WHEREAS, pursuant to Public Resources Code section 21080.1 and CEQA Guidelines section 15063, a Mitigated Negative Declaration (MND) shall be prepared when an Initial Study (IS) identifies potentially significant project related impacts, but can be classified as less than significant after incorporating mitigation actions that can be taken to avoid or mitigate impacts to a point where clearly no significant impacts on the environment will occur; and WHEREAS, the city provided notice of the availability of the Draft IS/MND and its intent to adopt an IS/MND to and sought comments from all interested individuals and agencies on the Draft IS/MND as required by CEQA: A. Publishing "Notice of Intent to Adopt a Mitigated Negative Declaration" in the "The Coast News" newspaper on March 11, 2022. B. Submitting a notice to the State Clearinghouse for posting. C. Providing copies of the notice to individuals and organizations that previously submitted written requests for the notice. D. Posting of the notice and Draft IS/MND on the City of Carlsbad Planning Division webpage; and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project, released for public review for a period of 30 days starting on March 11, 2022 in conformance with Public Resources Code section 21091(b) and CEQA Guidelines sections 15072 and 15105{b). The city received eight comment letters during the 30-day public comment period. A Response to Comments (RTC) document was prepared and responds to all of the comment letters received on the Draft IS/MND; and WHEREAS, upon approving a project for which an IS/MND is adopted, the Lead Agency must also adopt a Mitigation, Monitoring and Reporting Program (MMRP) pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15074(d); WHEREAS, the Planning Commission did on June 15, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, CEQA Guidelines section 15074(b) states that prior to approving a project, the Lead Agency must consider the proposed IS/MND together with any comments received during the public review process; and PC RESO NO. 7453 -2- WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration, Exhibit "MND," and according to Exhibits "Notice of Intent (NOi)," and "Initial Study" the latter of which includes the Initial Study; Mitigation, Monitoring and Reporting Program; and the Response to Comments, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration CUP 2021- 0014, CDP 2021-0052, HOP 2021-0003, HMP 2021-0006 the environmental impacts therein identified for this project and any comments thereon prior to APPROVING of the project; and b. the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. e. These changes and additions to the Draft IS/MND do not raise new important issues related to significant effects on the environment. The modifications made to the Draft IS/MND in the RTC simply provide minor clarifications and do not amount to substantial revisions requiring recirculation of the IS/MND pursuant to Section 15073.5 of CEQA Guidelines. f. Mitigation measures were developed to reduce potential impacts to Biological Resources, Cultural Resources, and Geology. The project applicant has agreed to implement all mitigation measures identified in the Final IS/MND in order to reduce all potentially PC RESO NO. 7453 -3- significant environmental impacts to a less-than-significant level, in accordance with the MMRP. Mitigation measures shall be incorporated as part of the project's conditions of approval to reduce impacts to a level less than significant. g. The Final IS/MND constitutes an adequate, accurate, objective, and complete document in compliance with all legal standards. In determining whether the proposed project has a significant effect on the environment, the city is able to base its decision on substantial evidence and has complied with Public Resources Code section 21082.2 and CEQA Guidelines section 15091(b). h. The Record of Proceedings has been completed in compliance with CEQA and the State CEQA Guidelines, and that the findings related to the Final IS/MND, taken together, reflect the independent judgment of the Planning Commission. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 15, 2022, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: ABSTAIN: JOSEP STINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7453 -4-